Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Treasure Island, FL, 67999-68002 [2013-27066]
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Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Proposed Rules
(iv) Conforming labeling
requirements. Upon FDA approval of
changes to the labeling of the reference
listed drug or, if the application for the
reference listed drug has been
withdrawn, upon FDA approval of
changes to the labeling of an abbreviated
application that relied on the reference
listed drug, any other abbreviated
application holder that relied upon the
reference listed drug must submit a
supplement under paragraph
(c)(6)(iii)(E) of this section with
conforming labeling revisions within 30
days of FDA’s posting of the approval
letter on its Web site, unless FDA
requires the abbreviated application
holder’s labeling revisions at a different
time in accordance with sections
505(o)(4) or 505–1 of the Federal Food,
Drug, and Cosmetic Act.
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§ 314.97
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[Amended]
3. Revise § 314.97 to read as follows:
§ 314.97 Supplements and other changes
to an approved abbreviated application.
(a) The applicant must comply with
the requirements of §§ 314.70 and
314.71 regarding the submission of
supplemental applications and other
changes to an approved abbreviated
application.
(b) A supplement to an approved
abbreviated application for a safetyrelated change in the labeling that is
submitted under § 314.70(b) or (c)(6)
will be approved upon approval of the
same labeling change for the reference
listed drug, except that if approval of
the application for the reference listed
drug has been withdrawn under
§ 314.150, FDA may approve such a
supplement to an approved abbreviated
application.
§ 314.150
[Amended]
4. Amend § 314.150 as follows:
a. In paragraph (b)(10)(i), remove the
word ‘‘or’’;
■ b. In paragraph (b)(10)(ii), remove the
period and replace with a semicolon
followed by the word ‘‘or’’; and
■ c. Add paragraph (b)(10)(iii).
■
■
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 314.150 Withdrawal of approval of an
application or abbreviated application.
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(b) * * *
(10) * * *
(iii) Changes to the labeling for the
drug product that is the subject of the
abbreviated application under
§ 314.70(c)(6)(iii) of this chapter.
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PART 601—LICENSING
5. The authority citation for 21 CFR
part 601 continues to read as follows:
■
Authority: 15 U.S.C. 1451–1561; 21 U.S.C.
321, 351, 352, 353, 355, 356b, 360, 360c–
360f, 360h–360j, 371, 374, 379e, 381; 42
U.S.C. 216, 241, 262, 263, 264; sec 122, Pub.
L. 105–115, 111 Stat. 2322 (21 U.S.C. 355
note).
6. Amend § 601.12 by revising
paragraphs (f)(1), (f)(2)(i) introductory
paragraph, and (f)(2)(ii); and by adding
new paragraph (f)(2)(iii) to read as
follows:
■
§ 601.12 Changes to an approved
application.
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(f) * * * (1) Labeling changes
requiring supplement submission—FDA
approval must be obtained before
distribution of the product with the
labeling change. Except as described in
paragraphs (f)(2) and (f)(3) of this
section, an applicant shall submit a
supplement describing a proposed
change in the package insert, package
label, container label, or, if applicable,
a Medication Guide required under part
208 of this chapter, and include the
information necessary to support the
proposed change. The supplement shall
clearly highlight the proposed change in
the labeling. An applicant may report
the minor changes to the information
specified in paragraph (f)(3)(i)(D) of this
section in an annual report. The
applicant shall obtain approval from
FDA prior to distribution of the product
with the labeling change.
(2) Labeling changes requiring
supplement submission—product with a
labeling change that may be distributed
before FDA approval. (i) An applicant
shall submit, at the time such change is
made, a supplement for any change in
the package insert, package label, or
container label to reflect newly acquired
information to accomplish any of the
following:
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(ii) Pending approval of the
supplement by FDA, the applicant may
distribute a product with a package
insert, package label, or container label
bearing such change at the time the
supplement is submitted, except that if
FDA determines during its review
period that the supplement does not
meet the criteria described in paragraph
(f)(2)(i) of this section, the supplement
will be converted to a prior approval
supplement, and the manufacturer must
cease distribution of the drug product(s)
accompanied by the revised labeling.
The supplement shall clearly identify
the change being made and include
necessary supporting data. The
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67999
supplement and its mailing cover shall
be plainly marked: ‘‘Special Labeling
Supplement—Changes Being Effected.’’
(iii) FDA will promptly post on its
Web site information regarding the
labeling changes proposed in the
changes being effected supplement. The
applicant must verify that the correct
information regarding the labeling
changes proposed in the changes being
effected supplement appears on FDA’s
Web site and must contact FDA within
5 business days of posting if the
information is incorrect.
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Dated: November 5, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–26799 Filed 11–8–13; 11:15 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0319]
RIN 1625–AA09
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, Treasure
Island, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the Treasure Island Causeway
Bridge, mile 119.0, Treasure Island,
Florida. The Treasure Island Bridge is a
double-leaf bascule bridge that provides
a vertical clearance of 21 feet in the
closed position. The Treasure Island
Bridge crosses the Gulf Intracoastal
Waterway at mile 119.0, Treasure
Island, Pinellas County, Florida.
Changing the schedule from on signal to
three times an hour during the week and
twice an hour on the weekends and
Federal holidays between the hours of 7
a.m. and 7 p.m. will reduce vehicle
traffic issues caused by the bridge
openings. Between 7 p.m. and 7 a.m. the
bridge will continue to open only on
signal.
DATES: Comments and related material
must reach the Coast Guard on or before
February 11, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0319 using any one of the
following methods:
(1) Federal Rulemaking Portal:
https://www.regulations.gov.
SUMMARY:
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Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Proposed Rules
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email, Mr. Michael
Lieberum, Chief Operations Section,
Seventh Coast Guard District Bridge
Branch at 305–415–6744, email
michael.b.lieberum@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
emcdonald on DSK67QTVN1PROD with PROPOSALS
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
proposed rulemaking (USCG–2013–
0319), indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
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16:16 Nov 12, 2013
Jkt 232001
phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2013–0319] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–0319) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
A. Basis and Purpose
The City of Treasure Island has
requested a change to the Treasure
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Island Causeway Bridge regulation due
to an increase in vehicle traffic in this
area. Based on the bridge logs this
bridge opens on average less than twice
an hour on signal. Scheduled openings
at regular intervals between 7 a.m. and
7 p.m. would reduce the vehicle traffic
back-ups caused by the opening of the
bridge. Motorists will be able to better
judge when the bridge will be open, and
this will lead to less vehicle congestion
on the surface streets surrounding the
bridge.
B. Discussion of Proposed Rule
The current operating regulation
governing the Treasure Island Causeway
Bridge 33 CFR 117.5 requires the bridge
to open on signal. The proposed
schedule would have the bridge open at
regular intervals between the hours of 7
a.m. and 7 p.m. The intervals will occur
three times an hour during the week and
twice an hour on the weekends. The
Coast Guard does not anticipate longer
bridge opening periods due to an
accumulation of vessels, since the
bridge currently opens less than twice
an hour on average.
C. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review, and does not require
an assessment of potential costs and
benefits under section 6(a)(3) of Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
This action will have a minor impact
on vessels transiting the Gulf
Intracoastal Waterway in the vicinity of
Treasure Island, Florida and will still
meet the reasonable needs of navigation.
This action is designed to improve
vehicle traffic flow in downtown
Treasure Island.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
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Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Proposed Rules
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels needing to transit
the bridge daily from 7 a.m. to 7 p.m.
This proposed rule would change the
regulations from one signal to three
times an hour during the week and
twice an hour on weekends and Federal
holidays which should not have a
substantial impact on any vessel traffic.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rulemaking would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule. If the
rulemaking would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
6. Protest Activities
12. Energy Effects
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rulemaking elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded, under figure 2–1, paragraph
(32(e), of the Commandant Instruction.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
5. Federalism
11. Indian Tribal Governments
§ 117.287
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
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emcdonald on DSK67QTVN1PROD with PROPOSALS
4. Collection of Information
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
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1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.287, revise paragraph (g) to
read as follows:
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Gulf Intracoastal Waterway.
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(g) The draw of the Treasure Island
Causeway bridge, mile 119.0 shall open
on signal except that from 7 a.m. to 7
p.m. the draw need open on the hour,
20 minutes after the hour and 40
minutes after the hour Monday through
Friday and on the quarter hour and
three quarter hour on Saturday, Sunday
and Federal holidays.
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Federal Register / Vol. 78, No. 219 / Wednesday, November 13, 2013 / Proposed Rules
Dated: October 3, 2013.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2013–27066 Filed 11–12–13; 8:45 am]
BILLING CODE 9110–04–P
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Coast Guard
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
33 CFR Part 165
[Docket Number USCG–2013–0933]
RIN 1625–AA00
Safety Zone for Fireworks Display,
Baltimore Harbor, Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone
encompassing certain waters of
Baltimore Harbor. This action is
necessary to provide for the safety of life
on navigable waters during a fireworks
display launched from a barge located
in Baltimore’s Inner Harbor at
Baltimore, MD on December 31, 2013.
This safety zone is intended to protect
the maritime public in a portion of
Baltimore Harbor.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 13, 2013.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, Sector
Baltimore Waterways Management
Division, Coast Guard; telephone 410–
576–2674, email Ronald.L.Houck@
emcdonald on DSK67QTVN1PROD with PROPOSALS
SUMMARY:
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1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2013–0933] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–0933) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
This proposed rule involves a
fireworks display associated with a New
Year’s Eve event that will take place in
Baltimore, Maryland on December 31,
2013 and will attract thousands of
spectators. The launch sites for the
fireworks display are from discharge
barges located in Baltimore Harbor. The
permanent safety zones listed in the
Table to 33 CFR 165.506 also apply to
this event. This rulemaking adds the
location of an additional barge from
which fireworks will be launched.
C. Basis and Purpose
Fireworks displays are frequently
held from locations on or near the
navigable waters of the United States.
The potential hazards associated with
fireworks displays are a safety concern
during such events. The purpose of this
proposed rule is to promote public and
maritime safety during a fireworks
display, and to protect mariners
transiting the area from the potential
hazards associated with a fireworks
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]]>Agencies
[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Proposed Rules]
[Pages 67999-68002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27066]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0319]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Treasure Island, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Treasure Island Causeway Bridge, mile 119.0, Treasure
Island, Florida. The Treasure Island Bridge is a double-leaf bascule
bridge that provides a vertical clearance of 21 feet in the closed
position. The Treasure Island Bridge crosses the Gulf Intracoastal
Waterway at mile 119.0, Treasure Island, Pinellas County, Florida.
Changing the schedule from on signal to three times an hour during the
week and twice an hour on the weekends and Federal holidays between the
hours of 7 a.m. and 7 p.m. will reduce vehicle traffic issues caused by
the bridge openings. Between 7 p.m. and 7 a.m. the bridge will continue
to open only on signal.
DATES: Comments and related material must reach the Coast Guard on or
before February 11, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0319 using any one of the following methods:
(1) Federal Rulemaking Portal: https://www.regulations.gov.
[[Page 68000]]
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email, Mr. Michael Lieberum, Chief Operations Section,
Seventh Coast Guard District Bridge Branch at 305-415-6744, email
michael.b.lieberum@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2013-0319), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online at https://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online, it will be considered received by the Coast Guard when
you successfully transmit the comment. If you fax, hand deliver, or
mail your comment, it will be considered as having been received by the
Coast Guard when it is received at the Docket Management Facility. We
recommend that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that we can
contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2013-0319] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2013-0319) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
A. Basis and Purpose
The City of Treasure Island has requested a change to the Treasure
Island Causeway Bridge regulation due to an increase in vehicle traffic
in this area. Based on the bridge logs this bridge opens on average
less than twice an hour on signal. Scheduled openings at regular
intervals between 7 a.m. and 7 p.m. would reduce the vehicle traffic
back-ups caused by the opening of the bridge. Motorists will be able to
better judge when the bridge will be open, and this will lead to less
vehicle congestion on the surface streets surrounding the bridge.
B. Discussion of Proposed Rule
The current operating regulation governing the Treasure Island
Causeway Bridge 33 CFR 117.5 requires the bridge to open on signal. The
proposed schedule would have the bridge open at regular intervals
between the hours of 7 a.m. and 7 p.m. The intervals will occur three
times an hour during the week and twice an hour on the weekends. The
Coast Guard does not anticipate longer bridge opening periods due to an
accumulation of vessels, since the bridge currently opens less than
twice an hour on average.
C. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
This action will have a minor impact on vessels transiting the Gulf
Intracoastal Waterway in the vicinity of Treasure Island, Florida and
will still meet the reasonable needs of navigation. This action is
designed to improve vehicle traffic flow in downtown Treasure Island.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
[[Page 68001]]
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule would affect
the following entities, some of which might be small entities: the
owners or operators of vessels needing to transit the bridge daily from
7 a.m. to 7 p.m. This proposed rule would change the regulations from
one signal to three times an hour during the week and twice an hour on
weekends and Federal holidays which should not have a substantial
impact on any vessel traffic.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rulemaking would
have a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this proposed rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the rulemaking would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT, above. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
rulemaking elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. This rule is
categorically excluded, under figure 2-1, paragraph (32(e), of the
Commandant Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.287, revise paragraph (g) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(g) The draw of the Treasure Island Causeway bridge, mile 119.0
shall open on signal except that from 7 a.m. to 7 p.m. the draw need
open on the hour, 20 minutes after the hour and 40 minutes after the
hour Monday through Friday and on the quarter hour and three quarter
hour on Saturday, Sunday and Federal holidays.
* * * * *
[[Page 68002]]
Dated: October 3, 2013.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2013-27066 Filed 11-12-13; 8:45 am]
BILLING CODE 9110-04-P
